Blush & Blu Sued For Racial Discrimination, Unfair Pay

Blush & Blu, Denver’s only lesbian bar, and one of the about 20 remaining in the U.S., is being sued by three former employees who say owner Jody Bouffard routinely failed to pay staff minimum wage, stole tips during shifts, and discriminated against one of the bar’s only Black employees, among other issues addressed in the suit.

The plaintiffs Jordan Feltner, Mary Hannah Williams, and Jessica Savage worked as bartenders, barbacks, and security through various periods between 2009 and 2020. They filed the suit against the bar and Bouffard on November 12, represented by Towards Justice, a nonprofit Denver-based legal organization.

The lawsuit alleges that Bouffard “willfully weaponized the so-called ‘safe space’ and the ‘family’ at Blush & Blu to create a culture of obligation where workers were required to accept mistreatment and brazen underpayment as a ‘service’ to the bar and broader queer community.”

“When you’re queer or trans, it can be hard to risk exclusion from queer spaces and the queer community. I put up with mistreatment and underpayment at Blush for years, but I am proud to finally speak out,” Feltner says in a statement to The Denver Post.

Among the complaints, the plaintiffs say they were routinely paid less than minimum wage and, in 2020, were not compensated for work they performed while the bar was closed due to the pandemic. The bar had moved to a tip pool model for barbacks and bartenders, though the plaintiffs allege there was no predetermined basis as to how employees were compensated. The lawsuit alleges Bouffard tipped out employees based on her subjective judgment of each person’s performance after one Pride weekend.

It alleges that Bouffard repeatedly participated in tip share, even though she holds a mangerial position, using tips for personal use (including restocking the bar with alcohol), and stealing tips.

In addition, the lawsuit alleges that Bouffard discriminated against Savage, a Black and Haitian American, because of her race. According to the suit, she “persistently made derogatory, racialized comments to or in front of Savage.” These include references to having “jungle fever” when talking an attraction to Black women and on at least one occasion, accusing Savage of “playing the race card,” according to the lawsuit.

Bouffard treated Savage with higher scrutiny and discipline compared to white bartenders, according to the lawsuit. The filing asserts that Savage was not permitted to play hip-hop music on her shift and was publicly reprimanded when she didn’t take the trash out, which she said white bartenders did not experience. Bouffard also didn’t schedule Savage on Friday night shifts, some of the busiest shifts of the week. During another busy time, Pride 2019, Savage did not receive shifts to work, according to the lawsuit.

“Queer spaces aren’t immune from issues of racism and discrimination, and ignoring these issues doesn’t make them go away. I’m proud to speak out,” Savage says in a statement.

Blush & Blu offered the following statement to OFM in response after this story initially ran:

“While the plaintiffs have filed suit, neither Jody Bouffard nor Blush & Blu have been served with any lawsuit in relation to these untrue and shocking allegations from three former, off-and-on, part-time staff. Bouffard has never intentionally belittled anyone in the manner described or otherwise, nor withheld rightfully earned pay. This filing is an unfortunate retaliation against Bouffard and Blush & Blu for unrelated staffing decisions, and does not accurately represent the work environment at Blush & Blu.

“As a lifeline and community space for LGBTQIA+ and BIPOC people alike, and one of the last lesbian bars in the country, Blush & Blu feels strongly about their responsibility to create and maintain a safe and accepting space.

“When the Colorado Department of Regulatory Agencies’ Civil Rights Division investigated Savage’s claims of discrimination, Blush & Blu fully cooperated. Bouffard and Blush & Blu exercised care and due diligence in their response, despite the limited information included in Savage’s Complaint.

“Bouffard and Blush & Blu responded to each of the complaints lodged by Ms. Savage in her CCRD charge in full, with corroborating business documents, shift records, bank statements, and payment records, social posts, photos, and specific eyewitness accounts. Reviewing the evidence presented on behalf of Bouffard and Blush & Blu, and legal discussion of the charge, no standing of discrimination was recognized by CCRD. Now, Savage has apparently opted to try her case by public opinion.”